General Terms and Conditions
1 The following general terms of delivery and terms and conditions (hereinafter Terms and Conditions) apply to all of the Photographer's orders, offers, deliveries and services.
2 They are regarded as agreed upon acceptance of delivery or service or offer the photographer by the customer, at the latest with the acceptance of the material in this publication.
3 If the customer does not accept the terms, this is to declare in writing within three working days. Deviating terms and conditions of the customer are hereby rejected. Deviating terms and conditions of the customer shall not be valid unless approved in writing by the photographer.
4 The terms and conditions apply in the context of an ongoing business relationship without ausdrükkliche inclusion for all future orders, offers, deliveries and services of the photographer, unless alternative arrangements are not explicitly made.
1 Provided by the photographer cost estimates, these are non-binding. If cost increases during the production one, this shall only report by photographer when it becomes evident that in this way to exceed the original estimated cost by more than 15% can be expected. If the planned production period is exceeded for reasons that the photographer can not be held responsible, is an additional fee to pay on the basis of the agreed time fee or in the form of a reasonable increase in the flat fee.
2 The photographer is entitled to third party services that have to be purchased for the implementation of production in the name and on behalf and for the account of the customer in order.
3 Subject to any provision to the recordings, which are presented to the customer upon completion of production to decrease, selected by the photographer.
4 Are the photographers did not receive any written notice of defects within two weeks after delivery of the recordings, the recordings are considered according to the contract and free from defects removed.
III. Photographic material (analog and digital)
1 The Terms and Conditions shall apply to all customers photographic material, irrespective of its completion stage or technical form. They shall expressly also apply to photographic material transmitted electronically or digitally.
2 The Customer acknowledges that it is the photographic material supplied by the photographer copyrighted photograph as defined in § 2 1, Clause 5 Copyright Act.
3 Customer-commissioned design proposals or concepts are independent services that are remunerated.
4 The photographic material remains the property of the photographer, even in the
event that compensation payments.
5 The customer shall treat the photographic material carefully and may pass it on to third parties for internal business purposes, ie for viewing, selection and technical processing.
6 Any complaints concerning the content of the delivery or the content, quality or state of the photographic material shall be lodged within two weeks after receipt. Otherwise, the image material shall be considered properly, according to the contract and as noted.
1 The customer shall fundamentally only receive simple utilization rights for one-time use. Publications on the Internet or in digital databases are subject to other agreements be limited to the duration of the publication time of the corresponding or a comparable printed item.
2 Exclusive utilization rights, media-related or spatial exclusive rights or periods must be agreed separately and as a surcharge of at least 100% of the basic fee.
3 With the delivery of the right of use is transferred are for one-time use of the photographic material for the customer's specified purpose and in the publication and in the medium or media that / s / has been specified by the customer or which /-s /-r It appears from the circumstances of the order. In case of any doubt, the purpose for which the photographic material has been supplied as evidenced by the delivery note or the address.
4 Each beyond No. 3 of utilization, exploitation, reproduction, distribution or publication is protected by copyright and requires the explicit approval by the photographer. This applies in particular to:
- secondary exploitation or publication particularly in anthologies, product-related brochures, advertising or other types of reprinting, any editing, modifications or alterations of the photographic material,
- digitalization, storage or duplication of the photographic material on data media of any type (eg magnetic , optical, magneto-optical or electronic media such as CD-ROM, DVD, hard drives, RAM, microfilms etc.) other gem not only the technical processing and management of the photographic material. Clause III 5 Terms used,
- any reproduction or use of the image data to digital data carriers, any recording or reproduction of the image data on the Internet or in online databases or other electronic archives (including it's internal electronic archives of the customer) ,
-., the transmission of digitalized photographic material by data transmission lines or on data carriers that are suitable for reproduction on screens or for the production of hardcopies
5 Changing of the material using photo composing, mounting or electronic means to produce a new copyright work shall require prior written approval by the photographer and shall be designated by [M]. Also the picture material may not be copied, be photographed or otherwise used as a motif.
6 The customer is not entitled to transfer the rights granted to it in whole or in part to third parties, including other Group or subsidiaries. Any use, reproduction or transfer of the photographic material is only permitted on the condition that the copyright information stipulated by the photographer in clearly allocated to the picture.
7 The license granted under the condition of full payment of all claims for payment of the photographers from the respective contractual relationship.
1 The Photographer accepts no liability for the infringement of rights of persons or objects depicted, unless it is accompanied by a duly signed release form. The acquisition of rights of use over the photographic copyright addition, eg for showing works of fine or applied art and for obtaining releases from collections, museums etc. is up to the customer. The Customer bears the responsibility for the text as well as those resulting from the actual publication contexts.
2 As of the date of delivery of the photographic material, the customer is responsible for its proper use.
1 It is the agreed fee. If no fee has been agreed, it shall be governed by the prevailing list of photographic fees issued the SME Foto-Marketing (MFM). The fee is exclusive of any applicable VAT.
2 The fee is one-time use of the photographic material for the agreed upon pursuant to para. IV 3 paid.
3 By applying to costs and expenses (such as material and laboratory costs, model fees, costs of required props, travel expenses, per diems, etc.) are not included in the fee and are charged to the customer.
4 The fee shall be payable upon delivery of the recording. If a production supplied in parts, so the corresponding part payment corresponding delivery is due. The photographer has the right to demand production orders payments matching the performance of the production.
5 The fee provided VI. 1 herein shall also be paid in full if the commissioned and supplied photographic material will not be published. If the photographic material used as a basis for layout and presentation purposes payable in the absence of any other agreement a minimum fee of $10.00 per photograph.
6 Offsetting or the exercise of the right of retention is permitted only with undisputed or legally established claims of the customer. Permitted is also the offsetting disputed but on which a decision counterclaims.